Act 11
International Criminal Court Act
2010
(5) Where the consent to surrender has been given, the Registrar
shall immediately make a delivery order in the same terms as section
33(2) and sections 33 and 34 shall apply.
36. Effect of delivery order.
(1) A delivery order is sufficient authority for any person to receive
the person to whom the order relates, keep him or her in custody and
convey him or her to the place where he or she is to be delivered up into
the custody of the ICC or of the state of enforcement in accordance with
arrangements made by the Inspector General of Police.
(2) A person in respect of whom a delivery order is in force shall be
deemed to be in legal custody pending delivery up under the order.
(3) If a person in respect of whom a delivery order is in force
escapes or is unlawfully at large, he or she may be arrested without
warrant and taken to the place where he or she is required to be or to be
taken.
37. Procedure where Registrar refuses order.
(1) Where the Registrar refuses to make a delivery order, he or she
shall make an order remanding the person arrested in custody for
fourteen days, and shall notify the Minister of his or her decision and of
the grounds for it.
(2) The Minister may appeal to the High Court against the decision
by the Registrar to refuse to make a delivery order.
(3) Where the Registrar is informed that an appeal is to be brought
against the decision, the order remanding the person arrested shall
continue to have effect until the appeal is determined and the person is
either discharged or the delivery order is executed.
(4) Where the High Court allows the appeal, it may make a delivery
order or remit the case to the Registrar to make a delivery order in
accordance with the decision of the High Court.
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